New California Rule of Court Limits Court Clerks from Rejecting Court Filings

California Court of Appeal Validates Service on Out-of-State Corporation by Certified Mail when Recipient was Mailroom Clerk

What is the Federal Witness Fee?

CAPPS Watch

NAPPS Watch

This newsletter is intended to provide updates to the PSI Registered Process Server's Guides and to serve as a medium for distributing timely information and highlighting changes that affect process servers, primarily in California but also others across the country, and if I may be so bold, around the world.

We would welcome any articles of interest from readers or writers, tricks of the trade, new gadgets, product reviews, rants, or suggestions.

This newsletter is also being distributed via the use of a service Constant Contact which, I feel, has an honorable "anti-spam policy", requiring double opt-in and provides an easy way to opt-out, etc., and conforms with a the new "Federal Can Spam" law. I have been hesitant about starting an electronic newsletter until I stumbled across this company.

Tony Klein

On January 3, 2007 the California Court of Appeal ruled that service an out-of-state defendant by certified mail was sufficient when the return receipt was signed fo by a mailroom clerk.

The court in Cruz v. Fagor America, Inc. ruled that because the mailroom clerk was an employee of the defendant, and authorized to receive mail by and for the corporation, service was deemed sufficient.

This case may have limited applicability in California, except for small claims court cases that may be served by certified mail. Unfortunately, this decision could further erode service standards and might be cited when electronic service becomes more prevalent.

Every year the federal witness fee changes. The reason for the change is because the mileage fee that is added to the per diem amount ($40.00) is an amount calculated each year by the GSA for reimbursable expenses.

This amount is cross-referenced to same law governing the business mileage amount one is able to claim for tax purposes. That amount of $.48-1/2 per mile.

On January 27 and 28, 2007 CAPPS held a Strategic Planning Session in San Diego to forge a new direction for the association. There were several signficant changes proposed that will affect CAPPS members, including membership categories, dues, structure of the membership directory, marketing it to the general public, and even changing the name.

If you are a CAPPS member, a summary of the Strategic Planning Session meeting was included in the Board of Directors Agenda Packet and that will be posted on the Members Only section of the CAPPS website under the March 3, 2007 Board of Director's Meeting. The Board unanimously voted to post electronically submitted materials that appear in the Board Agenda Packet after each meeting. This will help members follow the association's activities.

As of this writing (3/18/07) it has not appeared on the website.

The NAPPS 2007 Annual Conference and Education Seminar will be held in Portland beginning Thursday May 1, 2007 through Saturday June 2, 2007. Note that the date is later this year than prior conferences, and the week following the Memorial Day weekend.

If you're going, you should book rooms and flights now. This weekend event is shared with the Portland Rose Festival. A downtown parade will wrap around the Portland Hilton & Executive Tower, the site of the conference.